Perlindungan Hukum Hak-Hak Masyarakat Adat Terhadap Eksplorasi Pertambangan Di Kabupaten Tanatoraja

Abstract

A particular legal issue is in full bloom in the Indonesian national legal system, especially in the enforcment of law on indigenous peoples in agrarian disputes that took place in one of the regions in South Sulawesi. The author attempts to identify problems related to the legal protection of the rights of indigenous peoples over customary land areas for exploration of natural resource production operations. This research was carried out using normative-empirical legal research method, which was research by identifying the reality and facts that occur based on the implementation of the government regulations that govern the licensing in order to realize the law enforcement. Due to the misalignment of perceptions caused by legal irregularities regarding claims of control over who has the right to sovereign land, what then happened when an agrarian dispute occured was that the indigenous people attested that theirs was an ulayat (customary) land since the cultural site stands on their ancestral land, while the government attested that it was part of the national land by simply showing a sign that says “this land belongs to the state”. National legal politics are an agenda that must not only focus on external needs, but also fill the nation’s soul